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HomeMy WebLinkAboutStaff Analysis and MapsThis submittal needs to be scheduled for a pub4c rearing In accordance wp timelines set forth In the City of Miami Castle. The appllce de decision -malting body edit reWew Ole InbenMbn at the pubic bearing to render resommenmdon or a nasal decision. City of Miami Planning Department Division of Land Desimi roirraiserni PZ-19-2158 01 /31 /22 ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. ePlan File ID: PZ-19-2158 Location 700 NE 24 ST, 725 NE 24 ST, 708 NE 24 ST, 2347 NE 7 AVE, 2395 6 AVE, 2341 NE 6 AVE, 2311 NE 6 AVE, 2301 NE 6 AVE, 2340 NE 7 AVE, 2330 NE 7 AVE, 2320 NE 7 AVE, 711 NE 23 TERR, 2344 NE 6AVE, 2328 NE 6AVE, 2320 NE 6AVE AND 2336 NE 6AVE Folio Number 0132300250180, 0132300260190, 0132300250170, 013230025018, 0132300250160, 0132300250110, 0132300250111, 0132300250120, 0132300250130, 0132300250150, 0132300250140, 0132300250190, 0132300250100, 0132300250080, 0132300250070, 0132300250090 Miami 21 Transect T6-36A-L Urban Core Zone MCNP Designation Restricted Commercial Commission District Ken Russell, District 2 Department of Human Service Neighborhood Service Center Wynwood/Edgewater Planner Efren Nunez Property Owner 24 Plaza Corp. Project Representative Iris Escarra, Esq.,escarrai@gtlaw.com A. REQUEST Pursuant to Section 3(mm)(iii) of the City Charter of the City of Miami, Florida (the "Charter"), 24 Plaza Corp. (the "Applicant"), owner of the above referenced properties, submitted a request for modification of the Charter's Waterfront Standards pursuant to Section 3(mm)(iii) of the Charter, as amended, for the Aria Reserve Project to be developed at the Property. Staff Analysis Report No. (PZ-19-2158) — Page 1 01/24/2022 Page 1 of 9 This su bmidal needs to be scheduled fora palate bearing In accordance yeti timelines set forth In the City of Miami Castle. The appall.. decision -making body will reWew the Inbenallon at the pubic bearing to render resommentedon ore anal decision. PZ-19-2158 01 /31 /22 Specifically, the Applicant seeks City Commission approval to permit the following modifications to the Charter's waterfront side yard and waterfront setback requirements. WATERFRONT SIDE YARD SETBACK/VIEW CORRIDORS Required Provided Waterfront Frontage Length 480'- 1" 480'- 1" Required 25% Side Yard Aggregate 120'-0" aggregate (open to sky) 37'-0" aggregate Side Yard (open to sky) • 27' 0" North Side (open to sky) • 10' 0" South Side (open to sky) Required 25% View Corridor Aggregate 120'-0" aggregate (open to sky) 163'-5" (with minimum vertical clearance)** • 27' 0" North Side (open to sky) • 10' 0" South Side (open to sky) • 62'-0" View Corridor (34'2" vertical clearance) • 44' 11 " North View Corridor (37' 0" vertical clearance) • 19' 6" South View Corridor (31 '-2" vertical clearance) *Applicant requests a modification to the required side -yard setbacks to provide 37' 0"aggregate side -yard setbacks were 120' 0" are required. **Applicant is requesting a modification to the required View Corridors to provide 163' 5"of aggregate View Corridors with a minimum vertical clearance of 31 2"where 120' 0"of aggregate View Corridors open to the sky are required. WATERFRONT SETBACK Required Provided Waterfront Setback 50 feet 42 feet* *Applicant requests a reduction to the required waterfront setback to provide a 42-foot setback above the ground floor where a 50-foot setback is required. Applicant will provide the required 50-foot setback along the ground floor. B. RECOMMENDATION Pursuant to Section 3(mm)(iii) of the City Charter, the Planning Department recommends Approval with Conditions of the request for modification of the Charter's Waterfront Standards based upon the facts and findings in this staff report. Staff Analysis Report No. (PZ-19-2158) — Page 2 01/24/2022 Page 2 of 9 This submittal needs to be scheduled for a pub4c rearing In accordance wp timelines set forth In the City of Miami Castle. The appllce de decision -malting body edit reWew Ole InbenMbn at the pubic bearing to render resommenmdon or a nasal decision. C. PROJECT DAT/ PZ-19-2158 01 /31 /22 SURROUNDING USES Miami 21 MCNP / Density Existing Use North Urban Core T6-36A-L Multi -Family Low Density (Under 25 DU/Gross Acre) Residential South Urban Core T6-36A-L Multi -Family Low Density (Under 25 DU/Gross Acre) Residential East Urban Core T6-36A-L Multi -Family Low Density (Under 25 DU/Gross Acre) Residential West Urban Core T6-36A-L Multi -Family Low Density (Under 25 DU/Gross Acre) Vacant Land D. BACKGROUND The Property is located in the Edgewater neighborhood of the City of Miami and is subject to the Island Bay Tentative Plat #1893-H which was approved by the City's Plat and Street Committee at its June 9, 2020 meeting. The Property is bound by NE 5th Avenue to the west, NE 23rd Street to the south, Biscayne Bay to the east, and NE 24th Street to the north. The Property contains a total lot area of 168,262 square feet or 3.86 acres and currently consists of mostly vacant land and some older multi -family residential buildings which will be demolished in connection with the development of the Property. The Applicant is proposing to develop the Property with a mixed -use Project consisting of two 60 story towers with 782 residential units and approximately 8,956 square feet of ground floor commercial space, parking, and ground floor retail uses. 1. Platting and Right -of -Way Closures On June 9, 2020, the City's Plat and Street Committee approved the proposed tentative plat for the Property (known as Island Bay Tentative Plat #1893) and recommended approval of the proposed street closures under the Plat. The right-of-way closures proposed by the Island Bay Plat (NE 5th Avenue, NE 6th Avenue, and NE 7th Avenue and the dead-end portions of NE 23rd Terrace and NE 24th Street) were subsequently approved by the City Commission on October 22, 2020 pursuant to Resolution No. R-20-0357. Staff Analysis Report No. (PZ-19-2158) — Page 3 01/24/2022 Page 3 of 9 NOTICE This submittal needs to be schedtkd for a pnboc eeanng In accordance wp ti melees set forth In the city of Miami Castle. The applicable tleclaion-ma Xing body will ra iew tee Information at the public bearing to render a recommend.. or a nasal decoon. PZ-19-2158 01 /31 /22 2. Zoning Waiver Application The Project is also subject to a separate Waiver application being processed under PZ- 19- 1989 for the following Waivers: a. Waiver pursuant to Section 7.1.2.5(a)(29) to permit up to a 10% reduction for the side and rear Setback requirements above the 8th Story for the North Tower from 30 feet to 27 feet. b. Waiver requested pursuant to Section 7.1.2.5(a)(29) to permit a 10% increase in the maximum Building Floorplate length above the 8th Story from 180 feet to 198 feet for the North and South Towers. c. Waiver pursuant to Section 7.1.2.5(29) to permit up to a 10% reduction in the drive aisle width from 23 feet to 22 feet. d. Waiver pursuant to Section 5.6.4(e) to permit, along a Secondary Frontage, above ground parking to extend into the Second Layer beyond 50% of the length of the Frontage, if an art, glass, or architectural treatment of a design approved by the Planning Director is provided for that portion of the facade. e. Waiver pursuant to Section 5.6.4(d) to permit, along a Primary Frontage, above ground parking to extend into the Second Layer along the Frontage, if an art, glass, or architectural treatment of a design approved by the Planning Director, with the recommendation of the UDRB, is provided for 100% of that portion of the facade. f. Waiver requested pursuant to Section 7.1.2.5(10) to permit substitution of one Industrial Loading Berth for two Commercial Loading Berths. 3. Shoreline Review On September 6, 2018, the Miami -Dade County Biscayne Bay Shoreline Development Review Committee reviewed the Project for compliance with the Miami - Dade County Shoreline Development Review Ordinance (Section 33-D of the Miami - Dade Code of Ordinances) and issued Resolution No. 19-SDRC-012 approving the Project subject to certain conditions. Staff Analysis Report No. (PZ-19-2158) — Page 4 01/24/2022 Page 4 of 9 NOTICE This submittal needs to be schedtkd for a pnboc eeanng In accordance wp ti melees set forth In the city of Miami Castle. The applicable tleclaion-ma Xing body will ra iew tee Information at the public bearing to render a recommend.. or a nasal decoon. PZ-19-2158 01 /31 /22 4. Urban Development Review Board Review On June 21, 2021, the City of Miami's Urban Development Review Board reviewed the Project and recommended approval subject to certain conditions. 5. Play Street Designation In connection with the Project, the Applicant also requested that the City Manager designate the dead-end portion of NE 23rd Street located between the Project and the Elysee Project, as a Play Street pursuant to Section 35-5 of the City Code. On the City Manager approved the Play Street designation request. E. CORRESPONDANCE On July 19, 2021 the Planning Department received notice from residents objecting to Waterfront and side setback reduction and associated Waivers. Specifically, the neighbors objected to the granting of any deviation from the development standards such as but not limited to decreased setbacks, increase floor plate length, and parking in the second layer without providing for appropriate mitigation to offset against any adverse impacts that may result through the granting of said deviations as further described in the correspondence to the Planning Department attached hereto as Attachment 1 titled "Correspondence". The Planning Department has thoroughly reviewed the concerns raised by the residents and has made the appropriate findings as further outlined below in subsection D of this report titled "Analysis — Waterfront Standards Modification Criteria". The associated Waivers under PZ-19-1989 are under review for complies with the applicable criteria under Article 7, Section 7.1.2.5 titled "Waivers" of the Miami 21 Code. F. ANALYSIS Subpart A, Section 3(mm)(ii) of the City Charter requires that developments located along Biscayne Bay provide: 1. A minimum waterfront setback of 50 feet, and 2. Waterfront side yards equal in aggregate to at least 25% of the lots water frontage. The Project provides the required 50-foot waterfront setback along the ground floor and for the entirety of the site with the exception of the North Tower above the ground floor. The Applicant is requesting a modification of the required waterfront setback to permit the Staff Analysis Report No. (PZ-19-2158) — Page 5 01/24/2022 Page 5 of 9 NOTICE This submittal needs to be schedtkd for a pnboc eeanng In accordance wp ti melees set forth In the city of Miami Castle. The applicable tleclaion-ma Xing body will ra iew tee Information at the public bearing to render a recommend.. or a nasal decoon. PZ-19-2158 01 /31 /22 balconies along the North Tower's eastern facade to encroach up to 8 feet into the waterfront setback above the ground floor. Since the proposed encroachment will occur above the ground floor it will not have any negative adverse public effects including on public access to or views of the waterfront. The proposed encroachment does not extend above the public baywalk area which will remain open to the sky. The Property has a water frontage length of 480 feet 1 inch which requires minimum aggregate side yards of 120 feet. The Project provides a minimum 10-foot side yard or setback along its south side and a minimum 27-foot side yard or setback along its north side. The Applicant is requesting approval to modify the required side yards to provide view corridors totaling approximately 163 feet and 5 inches throughout the site. In total, the Project provides 99 feet (approximately 20% of the Property's waterfront length) of open to the sky view corridors and 64 feet of view corridors with a minimum vertical clearance of 31 feet 2 inches. As required by Section 3(mm)(ii) of the City Charter, the Applicant is providing various public benefits such as direct public access, public walkway, plaza, covered parking up to the floodplain level, and other comparable benefits which promote a better urban environment and public advantages, in connection with the proposed modifications. Below is a summary of the public benefits provided by the Project. 1. BaywalkAccess. This is a requirement per Miami 21. 2. Baywalk. This is a requirement per Miami 21. 3. Play Street. The Applicant proposes to create an approximately 9,246 square foot Play Street at the dead-end portion of NE 23rd Street with direct connections to the Baywalk. This Play Street will be a neighborhood amenity that will serve all area visitor and residents. 4. Easement Connecting NE 23rd Street and NE 23rd Terrace. The Project creates a new vehicular and pedestrian access point between NE 23rd Street and NE 23rd Terrace which will help circulation in the area. The Applicant worked closely with the City of Miami's Fire Department to ensure that this new connection point would provide adequate access for emergency vehicles. 5. Sidewalk Easement along NE 23rd Terrace. The Project provides a nine foot (9') wide sidewalk and utility easement along the north side of NE 23rd Terrace which will allow pedestrians to actually use that street which currently lacks all pedestrian amenities. Staff Analysis Report No. (PZ-19-2158) — Page 6 01/24/2022 Page 6 of 9 NOTICE This submittal needs to be schedtkd for a pnboc eeanng In accordance wp ti melees set forth In the city of Miami Castle. The applicable tleclaion-maXing body will ra iew tee Information at the public bearing to render a recommend.. or a nasal decoon. PZ-19-2158 01 /31 /22 6. Non -motorized Watercraft Access. As depicted in the Plans, the Project includes a dock along the Baywalk which will be accessible to the public to further enjoy the waterfront. This dock will provide access to Biscayne Bay owners and users of non- motorized watercrafts. 7. Infrastructure Improvements. Required per Chapter 54. 8. Modernized Street Grid System. Through the Island Bay Plat, the Applicant will redraw the street grid system in the area to meet the needs and demands of a twenty first century development. This new street grid system will provide enhanced circulation and benefits all visitors and residents of the area. 9. Sculpture Garden. The Applicant is proposing to create a publicly accessible sculpture garden near the end of NE 23rdTerrace. This public art installation will serve as a gathering point for pedestrians walking in the area. 10. Art Wall. To accentuate the Project's connection to the Play Street and the Baywalk, the Applicant is proposing to create an art wall at the southeast corner of the Property. This art wall will be accessible by the public walking along the Biscayne Line or using the Play Street. G. RECOMMENDATION Based on the information reviewed by the Planning Department, conditions of approval, and staff analysis, the Planning Department recommends Approval with conditions of the Applicant's request to modify the waterfront side yard and waterfront setback requirements for the Project. H. CONDITIONS Pursuant to Section 3(mm)(iii) of the Charter, the Planning Department recommends Approval of the Applicants request to modify the waterfront side yard and waterfront setback requirements for the Project, subject to the following conditions: 1. The site shall be developed substantially in accordance with the plans entitled "Aria Reserved24 Plaza Corp" as prepared byArquitectonica consisting of 99 pages, dated July 30, 2021with amendments through September 30, 2021, batch stamped by the Planning Department. Staff Analysis Report No. (PZ-19-2158) — Page 7 01/24/2022 Page 7 of 9 NOTICE This submittal needs to be schedtkd for a pnboc eeanng In accordance wp ti melees set forth In the city of Miami Castle. The applicable tleclaion-maXing body will ra iew tee Information at the public bearing to render a recommend.. or a nasal decoon. 2. This approval is only for those elements discussed herein. Full compliance is required with all other requirements of the Miami 21 Zoning Code, City Code, and all County, State and Federal agencies and regulations. 3. The Applicant shall comply with all applicable requirements as part of the building and permitting process. 4. In keeping with the integrity of the architectural design of the Project, off site signage shall be prohibited. 5. The Sculpture Garden and Art Wall shall be reviewed and approved by the Planning Director or designee upon a recommendation from the Art in Public Places Board 6. The Property shall comply with all Building Code regulations and shall not have any open Code violations. 7. The City reserves the right to inspect the site to ensure compliance with the conditions as listed. 8. Failure to comply with the conditions herein shall result in the immediate revocation of this Resolution and shall be subject to any fines and penalties pursuant to City Code. Attachment 1 — Correspondence Staff Analysis Report No. (PZ-19-2158) — Page 8 01/24/2022 PZ-19-2158 01 /31 /22 Page 8 of 9 Jacqueline Ellis Chief of Land Development This a.m., needs to be scheduled fora public hearing In accordance loth timelines setforth In the City of d Miami Code. The applicable decision -malting body will Hemet, Won/lotion at the public hearing to render a recommendation or a final oeclvon. PZ-19-2158 01 /31 /22 Page 9 of 9 Jeremy W. Makarechian, LLC This submittal needs to be scheduled fora public hearing In accord and wM1h timelines set forth in the City of Miami Code. The applica decision-mahing body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2158 01/28/22 Westminster, CO/ Miami, FL (Opening 2021) Telephone: (303) 410-8988 Facsimile: (303) 479-7920 Cell (303) 809-2671 jmakarechian@elg-Iaw.com July 19, 2021 VIA EMAIL Urban Development Review Board Attn: Mr. Willy Bermello, Chairman Email: WBermello@bapdevelopment.com RE: OBJECTION TO ISLAND BAY N/K/A ARIA RESERVE PROJECT REOUESTED WAIVERS UNDER URBAN DESIGN REVIEW BOARD (`BOARD") APPLICATION Applicant: 24 Plaza Corp. ("Applicant") Application: PZ-19-2158 for Island Bay n/k/a Aria Reserve in East Edgewater (the "Proposed Project") Address: 700 NE 24th Street Miami Florida Dear Chairman Bermello and Members of the Board: This letter is a followup to the hearing held today which I watched online. First, I appreciate you reading my letter into the record and the thoughtful and rigorous way the Board addressed the waivers requested by the Applicant. However, unfortunately, I believe the Board arrived at exactly the wrong result with respect to a couple of issues. In particular, in addressing the waiver requested by the Applicant with regard to the 54 foot spacing between its own buildings, Applicant indicated that the alternative was to move the South building six feet closer to the public street and adjacent building (Elysee) which Applicant's own architect admitted seemed less desirable, and I am in total agreement with him Any solution which infringes on the neighboring building and public street is not a solution and I believe that needs to be reconsidered or at least made subject to public comment. If Applicant can come up with a solution that does NOT infringe on the neighboring building to the South or the public street that would be acceptable (like merely reducing the width of the buildings themselves) but simply moving the problem six feet to the South side is NOT an acceptable solution and one Page 2 Jul which I plan to challenge if implemented. Applicant cannot be allowed t infringe on third party space because the Board is not granting the waiver and th never contemplated on our part. This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making body will review the information at the pubdc hearing to render a recommendation or a final decision. Second, it was never clear why, after all the objections to the waterfront setback waiver on the North building heard by the Board, the Board apparently approved that waiver as a trade for the increased height of the view corridor which may or may not even be possible, as Applicant's counsel suggested. Our position is, as noted in the letter dated July 19, 2021, there is no mitigation that justifies that waterfront setback waiver given the size of Applicant's property. So the Board appeared to go from denying all waivers other than the parking waiver, to granting all waivers in exchange for the highly problematic "solution" to the six foot waiver I note above, and a potential 10 foot expansion of the street view corridor which may or may not be practical. I would be happy to schedule a call or meeting at which I can discuss these objections in more detail, please do not hesitate to contact me at 303-809-2671 or email at jmakarechian@elg- law.com. I appreciate your time and consideration. Sincerely, Jeremy W. Makarechian CC: VIA EMAIL Urban Development Review Board c/o Vicki Toranzo (VToranzo@miamigov.com) City of Miami Planning Department c/o Efren Nunez, Planner II (EfrenNunez@miamigov.com) 24 Plaza Corp. c/o Iris Escarra (escarrai@gtlaw.com) AERIAL EPLAN ID: PZ-19-2158 SPECIAL APPEARANCE ADDRESSES: 700, 708, & 725 NE 24 ST; 2320, 2330, 2340, & 2347 NE 7 AV; 2301, 2311, 2320, 2328, 2336, 2340, 2341, 2344, & 2395 NE 6 AV; 711 NE 23 TER 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making bodyohl reNew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2158 02/04/22 MIAMI 21 (EXISTING) EPLAN ID: PZ-19-2158 SPECIAL APPEARANCE ADDRESSES: 700, 708, & 725 NE 24 ST; 2320, 2330, 2340, & 2347 NE 7 AV; 2301, 2311, 2320, 2328, 2336, 2340, 2341, 2344, & 2395 NE 6 AV; 711 NE 23 TER 0 125 250 500 Feet This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Miami Code. The applicable decision -making bodyohl reNew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2158 02/04/22 .I 1 ,LC) w —w Q: z NE 26TH ST NE 25TH ST N PLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related projects. PROJECT INFORMATION Project Name: Aria Reserve Project Address: 700 NE 24th Street, Miami, FL APPLICANT INFORMATION Company Name: 24 Plaza Corp Primary Contact: Marissa A. Neufeld Esq. Email: Escarral©gtlaw.com Secondary Contact: Iris Escarra, Esq. Email: @gtlaw.com STAFF RECOMMENDATION/DECISION Approved with 8 conditions as outlined in Staff Analysis under No. PZ-19-2158. GRAPHIC PURL/ n N NOTICE This submittal needs to be scheduled for a public hearing in accordance with bmerines set forth in the City of Miami Code.The applica Ile decision -making bodywill review the infonnalon at the pubs hearing to render a recommendation or a final decision. PZ-19-2158 01/28/22 !EW COV PLANNING DEPARTMENT INFORMATION Lead Staff: Efren Nunez Principal Division: Land Development Email: efrennunez©miamigov.com PROJECT DESCRIPTION Pursuant to Section 3(mm)(iii) of the City Charter of the City of Miami, Florida (the "Charter"), 24 Plaza Corp. The Applicant of the referenced properties, submitted a request for modification of the Charter's Waterfront Standards pursuant to Section 3(mm)(iii) of the Charter, as amended, for the Aria Reserve Project to be developed at the Property. Specifically, the Applicant seeks City Commission approval to permit the following modifications to the Charter's waterfront side yard and waterfront setback requirements as further described in the staff analysis. Webs Link(s): BOARD REQUIREMENTS n HEPB n UDRB n City Commission I —I PZAB n WDRC n AIPP Existing Transect Zone(s): T6-36-A-L Existing FLUM(s): Multi -family Low Density Residential Commissioner District(s): D2 - Ken Russell Department of Human Service Neighborhood Service Center(s): Wynwood Edgewater Revision Date: 06/15/2021 Department Director: Cesar M. Garcia -Pons, AICP, LEEP AP